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for the district of California (1) on any final judgment giver in the exercise of original jurisdiction, when the matter il dispute, exclusive of costs, exceeds $2,500; and (2) on an final judgment given in the exercise of original or appellat criminal jurisdiction, if the person charged with the crime a offense considers the judgment erroneous in point of law But such an appeal does not operate as a stay of proceedings unless the minister certifies that there is probable cause t grant the same.—R. S., secs. 4094, 4095.
648. Appeal record.—The record on appeal from a consula court should include the pleadings, depositions, and all othe proceedings in the case and show an allowance of the appea The transcript should be a single document, certified at th end as being a full and correct copy of the proceedings i the case and authenticated by the official signature and th seal of the consul.—5 Saw., 79.
649. Marshals.—It is the duty of marshals to execute a process issued by the minister of the United States, or b the consuls at the port at which they reside, and to mak due return thereof to the officer by whom it was issued, an to conform in all respects to the regulations prescribed by th minister in regard to their duties. They shall also mak quarterly returns to the Secretary of State, showing the natu of each case determined in the consular court, the procee ings in connection therewith, and the disposition of the fin and fees (Form No. 137). The quarterly report of a marsh should be sent to the Department of State by the consul : the same time with other quarterly reports. —R. S., sec. 411
650. Report on condition of estates of decedents.—Consular of cers charged with the judicial functions referred to in th article will make a semi-annual report to the Departme of State in the case of each estate of deceased America citizens that has come within their probate jurisdictio (Paragraph 586). The first report shall be made within s months after the death and subsequent reports at the end sf every six months; but the Department may at any time all for such special reports as it may deem proper. These reports will embrace the amount of the decedent's estate, both Personal and real; the names of the parties interested, so far
known; the name of the administrator or of the executor, f there be a will; the exact amount of money that has come the hands of the court or to those of the administrator
executor; if there has been any distribution of the state, the amount of such distribution and to whom made; and the amount of all expenses and court or other fees receired. They should also contain a clear statement of the judicial proceedings in each case, together with any information that will enable the Department to reach an accurate tinderstanding of its condition.
651. Moneys of estates to be delivered up.—Upon the entry on duty of a successor to a consul, the outgoing consul shall turn over to the former all moneys that may be in his hands belenging to the estates of deceased citizens, taking triplicate Receipts therefor, one of which is to be retained by the outgoing consul, one deposited in the consulate, and the third transmitted to the Department of State. If a consul is removed, or if he resigns and leaves his post before the arrival of his successor, the transfer of such moneys shall be made to the vice-consular officer and like receipts taken.
652. When no minister.—If at any time there be no minister in either of the countries mentioned in Title XLVII of the Rerised Statutes, the judicial duties imposed by its provisions upon the minister shall devolve upon the Secretary of State, who is authorized and required to discharge them.-R. S., sec.
653. Definitions. The word “minister" when used in this artiele means the person invested with and exercising the Principal diplomatic functions. The word “consul” means any person invested by the nited States with and exercising the functions of consul-general, vice-consul-general, consul, or vice-consul.-R. S., sec. 4130.
INVOICES OF IMPORTATIONS.
654. Ports of entry.—The customs laws of the l'nited States require that imported merchandise shall be entered at certain ports on the coast or frontier called “ports of entry.” The merchandise on arrival at the port of entry may be entered for immediate consumption, in which case it is appraised, examined, classified, and delivered to the consignee on payment of the estimated duty; or it may be entered in bond for appraisement and storage in any public or private bonded warehouse.--R. S., secs. 2770, 2772, 2962. A list of the customs collection districts, with their respective ports of entry and delivery, is published from time to time by the Secretary of the Treasury and furnished to consuls.
655. Immediate-transportation ports.-At certain specified ports merchandise may be entered informally for immediate transportation, without appraisement, to certain specified ports of delivery, where provision is made for entry and appraisement in the same manner as at an original port of arrival. Lists are published from time to time by the Secretary of the Treasury of the ports at which merchandise may be entered for immediate transportation, and also of the ulterior ports to which merchandise may be so transported.—1 Stat. L., 173.
656. Consignee deemed owner.—Must be resident.—All merchandise imported into the United States is, for customs purposes, deemed and held to be the property of the person to
whom the merchandise has been consigned. The holder of any bill of lading covering merchandise consigned to order and indorsed by the consignor is deemed the consignee thereof. In case of abandonment of merchandise to the underwriters they may be recognized as the consignees.-26 Stat. L., 131,
The consignee must be a resident of the United States to enable him to make entry of imported merchandise. — S. 14019.
657. Certified invoices required.—Except in case of personal effects accompanying a passenger, no imported merchandise exceeding $100 in value will be admitted to entry without the production of a duly certified invoice thereof, or of an affidavit by the owner, importer, or consignee before the collector, showing that it is impracticable to produce such invoice.34 Stat. L., 131, sec. 4; S. 1.3098. This rule applies to importations of furniture and household effects of private persons, to merchandise imported for the use of the United States, but not to merchandise which is the product, growth, or manufacture of the United States returned after exportation therefrom. The declaration (Form No. 129) prescribed in paragraph 713 is sufficient for returned American merchandise.-S. 14210. (Paragraphs 706, 712–716.)
658. Personal effects.--Wearing apparel and other personal effects (not merchandise) of persons arriving in the United States are entitled to entry without certified invoices. But this exeinption does not include articles not actually in use and necessary and appropriate for the use of such persons for the purposes of their journey and present comfort and convenience, or which are intended for any other persons or for sale.- Tariff of 1894, par. 669; S. 126:30, 15.306. They must actually accompany the passenger, unless sent by other conveyance on account of accident or other cause beyond the owner's control.-S. 13490, 14480, 15.364, 164997.
659. Transit goods.—Merchandise passing through the United States in transit to a foreign country and goe shipped from one port or place in the United States throu foreign territory to another port or place in the United Sta are not importations, and such shipments do not requ certified invoices.-133 U. S., 273, s. 9378, 11778, 139 14346, 15348, 15782, 16913.
660. Gold and silver bullion.—Specie and gold and silver b lion, transmitted as money in the regular method of forei exchange, are not subject to the restrictions imposed up imported merchandise; but bullion exceeding $100 in valı alleged to be imported as money, will not be admitted to try without a consular invoice or a bond for the producti of such invoice, unless it be shown by the shipper's declar tion made before the consular officer at the port of shipme that such bullion is intended to be forwarded as money medium of exchange at a fixed value per ounce, and not merchandise.—S. 11895, 13392, 14122, 14575, 16884.
661. Importations broken into small lots.—Importations i exceeding $100 in value may be admitted to entry for ce sumption or for immediate transportation without a certifi invoice and without requiring a bond for the production such invoice; but if the collector believes that the impor tion has been broken into small lots for the purpose of evadi the requirements of the law, he may demand a bond for production of a certified invoice. Consular officers will not collectors of suspected divisions of shipments in evasion of 1 law and will furnish them with such evidence of fraudule intent as may be obtained.-S. 10293, 10579, 11457, 124 15061, 16.490, 16501, 16605.
662. Preparation of invoices.—Invoices must be made out firm, durable paper, in legible and permanent characters, writing with ink or by other process producing the sal result. Press copies will not be accepted. Hectograph cry will be rejected, except that a hectograph copy of a long a